Joint Family Property -- When a son gets a property from his father, as soon as sons are born to him, a Joint Family is constituted...........
Joint Family Property -- Sisters giving the property to their brother by taking Rs.one only - Partition deed was reduced into writing - Consideration in such type of cases is love and affection, peace and harmony - Partition deed is per se not a void document - Validity of partition deed has not been challenged - Partition deed validly executed...........
Joint Family Property -- When a son gets a property from his father, as soon as sons are born to him, a Joint Family is constituted...........
Joint Family Property -- Sisters giving the property to their brother by taking Rs.one only - Partition deed was reduced into writing - Consideration in such type of cases is love and affection, peace and harmony - Partition deed is per se not a void document - Validity of partition deed has not been challenged - Partition deed validly executed...........
Arbitration and Conciliation Act, 1996, Section 11, 9 -- Appointment of arbitrator - Parties executed Joint Venture Agreement under which Court has exclusive jurisdiction to decide disputes arising out of agreement - Respondent seeking damages, loss of rental income, etc., makes it apparent that disputes are not confined only to immovable property - Therefore, petition..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Joint Family Properties - Suit for partition - Whole of properties not included - Second suit for partition of left out properties - Not barred U.O.2.R.2 CPC. - A portion of the joint property when excluded from partition by mistake, accident or fraud then such property remains to be the joint property of the family and it..........
Hindu Succession Act, 1956, Section 14 -- Mitakashra coparcenary property and Joint Family Property - Distinction - Mitakashra coparcenary carries a definite concept - It is a body of individuals created by law unlike a joint family which can be constituted by agreement of parties - Mitakashara coparcenary is a creature of law...........
Hindu Succession Act, 1956, Section 14 -- Coparcenary property - Where a coparcener takes definite share in the property, he is owner of that share and as such he can alienate the same by sale or mortgage in the same manner as he can dispose of his separate property - Purchaser of a coparcener's undivided interest in joint family property is not entitled to possession of..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Relief to set aside sale deed not sought - Relief sought that sale deed does not affect his right and title in the joint Hindu Family Property - In other words, sale deed may be binding interse the parties to those transactions, but the same does not affect the plaintiff's right - Order to affixed ad valorem..........
Hindu Law -- Coparcenary property - Plaintiff/daughter of pre-deceased son of deceased father, claiming 1/3rd share in joint family property which was held by deceased in joint with his 4 sons - Plea of plaintiff that there was no partition - Since father of plaintiff pre-deceased his father that too before 1956, Hindu Succession Act shall not be applicable - Instant case..........